United States v. Kemp

MURPHY, Circuit Judge.

Robert Clay Kemp was charged with four counts of passing counterfeit bills in violation of 18 U.S.C. § 472. He pled guilty to one count and was sentenced by the district court to 78 months of imprisonment, a $3,000 fine, and $900 restitution. Kemp appeals, raising a number of sentencing issues. We remand for resentencing.

After receiving a report that Kemp had been passing counterfeit money at a tavern in South Dakota, police arrested him on an outstanding warrant in September 2006. Over the course of subsequent interviews with police detectives and special agents, Kemp…